The Great Birthright Citizenship Hoax

Hey, everybody. Charlie Kirk here live from the Bitcoin.com studio.

Why birthright citizenship is unconstitutional, unconstitutional. And then we have Ed Martin, who is the new head of the Department of Justice's weaponization of government committee project. Amazing conversation. You are going to love it. Email us as always. Freedom at CharlieKirk.com. Do us a favor and subscribe to the Charlie Kirk Show Podcast and get involved with Turning Point USA at TPUSA.com.

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Go to NobleGoldInvestments.com. Lots to cover today as President Trump continues his barnstorming of the Middle East. He's in the United Arab Emirates right now.

He started in Saudi Arabia, then in Qatar, and then in the UAE. We have our eyes closely on that. We have a very important show for you today. We have Brett Weinstein about the COVID shot and about many other important topics, artificial intelligence, President Trump and saving the West. You are going to want to listen to that.

So if you are in the car and you have a meeting or an appointment, make sure you subscribe to the Charlie Kirk Show podcast for what will be a very important conversation. Right now, the Supreme Court is hearing a case that matters on two levels. It's a major day at the United States Supreme Court. The case in question is Trump v. Casa. The case concerns birthright citizenship. One of the first orders of the Trump administration was an announcement that this administration is henceforth reinterpreting the meaning of the 14th Amendment. The 14th Amendment dates back to the end of the Civil War. Its first clause reads, quote, all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside.

Now, the Trump administration announced that from now on, the children of illegal immigrants, tourists and temporary guest workers are not automatic US citizens. That order didn't take effect, though, and that's the other issue being debated today. The matter of nationwide injunctions. Pretty much instantly after the Trump executive order, a district court judge issued a nationwide injunction.

That's where a single district court judge whose jurisdiction is just one state or even part of one state blocks a law or order from being implemented nationwide. You see, nationwide injunctions used to be rare. There were just six of them under George W. Bush's term. There were 12 of them during Obama's presidency, but there were 64 of them in Trump's first term.

And at this current pace, he might top that figure in the first year of his second term. Nationwide injunctions mean that one lone federal judge or a small group of them can entirely block everything the Trump administration wants to do, even if their legal pretext is somewhat flimsy. And that means if something happens in Maryland, they're not just issuing an injunction of the Maryland jurisdiction. All of America must stop the implementation of said law because of what happens in Maryland. It's a nationwide injunction for something where the violation or the thing in question is happening locally. You see, they could create a new parallel court system whose only purpose is handling requests for nationwide injunctions. There's a lot they could do.

There's a lot of good ideas out there, but they might not be necessary because an obvious question is this, and this is this and this is the fundamental question. And I'm glad we're actually getting this out of the way in the first six months of the Trump administration. And I'm glad we're getting it done quick. It's very important. The question is this.

If a district court judge's jurisdiction is only over his or her own district, how can they have the power to issue a nationwide order? Arguably, they shouldn't. And that's what the Supreme Court just heard in oral arguments today.

And of course, we should be clear. Congress could fix this. We control Congress and we should not let Republicans off the hook.

What are they doing all day long? Hello, Congress, get off your tail. Fix this. Enough hearings and enough showboating. Pass a bill right now fixing the circuit and district court system.

I don't know if you need to break the filibuster for that. That's a very interesting question. The purpose of the 14th Amendment at the time was passed was to deal with the matter of freed slaves. And this all goes back to the core question of now birthright citizenship.

So there's two things. First, we're talking about nationwide injunctions. Secondly, we're talking about birthright citizenship. Because the question of birthright citizenship is arguably a question of if America gets to be a country. The amendment made it clear that freed slaves and their children were full U.S. citizens. America would not be a country with a permanent underclass of people denied citizenship. That was a good thing.

We support that. But in the 160 years since this amendment, it has been exploited by the left, of course, for a far more pernicious purpose. The left will tell you that the Supreme Court ruled definitively more than a century ago that all people born in America, including those born to tourists and illegal immigrants, are citizens. The case in question was called the Wong Kim Ark case. Wong Kim Ark was a man born to non-citizen Chinese immigrants who had to settle in the United States. The court ruled that Ark being born in America was a citizen. But here's the distinction. And the left has a... they think they have this one all dead to rights and they're wrong. Wong Kim's parents were legal U.S. residents.

Nobody disputed that. They weren't criminals who had just broken into the country. They weren't tourists who simply flew to Guam from China for five days so they could have a baby and give them a U.S. passport. You see, the question is, do non-U.S. citizens get the children of non-U.S. citizens and criminals get U.S. citizenship?

Currently, the answer is yes. And this is President Trump's phenomenal moral courage. He is asking the question while we still control the U.S. Supreme Court. You understand that people will board flights eight months pregnant from Beijing, fly into San Francisco for a 60-day vacation, go to a local San Francisco hospital, give birth, and that is called birth tourism. Did you know that last year there were 225,000 babies born to illegal immigrants? That's more than babies born in all but two U.S. states taken individually. So nearly 250,000 people are becoming U.S. citizens for no good reason whatsoever. Do you know we're one of the few countries in the industrialized world that actually has this practice? France, New Zealand, and Australia have all abandoned birthright citizenship in the past few decades.

Ireland was the last country in the European Union to follow the practice, ending it in 2005. Framers of the 14th Amendment and one of the biggest pushers of the 14th Amendment was a man by the name of Lyman Trumbull, Senator Lyman Trumbull, considered the driving force behind the amendment, specifically stated that at the time that the citizenship clause does not encompass individuals still owing allegiance to any other country. So the designer of the 14th Amendment in the U.S. Constitution said that this should not apply to the children of illegal aliens or of temporary tourists. Two Supreme Court cases have upheld that the 14th Amendment excludes citizens of foreign countries. The Slaughterhouse case in 1872 and Elk v. Wilkins in 1884. This is a loophole that no one has had the courage to actually challenge, and the last thing that's happened is that the left thinks that there's no way that it applies that. No, no, no, no.

There's a lot more to this than you might realize. It's going to require, though, a little bit of intestinal fortitude from either John Roberts or Amy Coney Barrett. So if there's someone to pray for, pray for either John Roberts or Amy Coney Barrett to go with Kavanaugh, Gorsuch, Alito, American Indians and their children did not become citizens until 1924 with the passage of the Indian Citizenship Act, despite being born on American soil. So why would they need this law if simply being born in the U.S. automatically granted someone citizenship? Birthright proponents like to point to the 1898 Supreme Court case, United States v. Wong, but conveniently forget that even then the children's Chinese parents, as I said, were here legally, lawfully, and permanently. This right here would be a major victory for the country and is a question whether or not we are still a country. It is insane that you could stop in Guam for a week, have a baby, and that baby is handed a U.S. passport.

That dilutes the idea of what a country is, and I pray the Supreme Court will rule accordingly. Gentlemen, let's get real for a second. Are you frustrated with today's woke dating apps?

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This is a threat to our US national security. So a baby gets a US passport, goes back and becomes a loyal operative of the Chinese Communist Party, can then come to our country at any time. Not on a student visa. That is a US citizen, not a permanent resident.

They can vote. And as a sleeper cell to the United States of America, and again, France doesn't allow this. Ireland doesn't allow this. No other country allows you to do this except America. It's an outrageous relic of left wing activism.

Let's play cut three ninety four. I'd like to know if your guest knows what a Chinese maternity house is. Their house is where the Chinese government takes citizens that when they're in their seventh or eighth month, they ship them here for a month. They let them have their children. And then once they have their children, they take them back to China when now they're US citizens. But they're raised in China. They're loyal to China. We know they're doing it, but they're still getting away with it. Chinese maternity houses and no one is questioning.

No one is saying, hey, you know, this is probably a bad idea. Right now, there are protests outside outside the US Supreme Court calling President Trump a racist for doing this. That President Trump is racist because he signed an executive order. Your our word doesn't mean anything to us anymore. We roll our eyes.

We shrug our shoulders. He's commander in chief protecting our country. But even beyond the national security aspect, which is massive, by the way, I want you to think about that.

Let me just go one step further. Could you imagine if you're like a Iranian terrorist and you want to be able to get a future terrorist US passport? Just think about how many sleeper cells have US passports now because of this. And we know why the left wants it.

They want it as a way to make the illegals undeportable. They want to be able to change the body politic of the country. It's very simple. The Democrat Party and the left cannot win popular opinion because the people are sovereign. So you change the people.

It's not simple. You just change the body politic. You change the material of what is the sovereign. You dilute the influence of native born Americans. You bring in a bunch of people from around the world and give them US passports. You want a passport and you get a passport or you have a baby and you get a passport. The other element of this, which, of course, is less talked about, is that if birthright citizenship gets struck down, the incentive, the incentive to then break into this country goes down dramatically. The incentive to overstay your visa goes down dramatically because then your kid doesn't get a special award and reward for you breaking the law.

So this is the right thing on multiple different levels. And it's not as if we're thinking of something radical the rest of the world is not doing. The rest of the world is laughing at us that you can come here with a bunch of money on a first class flight, totally pregnant, have a baby, and boom. And then even beyond that, you can break into America without warrant or invitation. You could border jump and cut in line, not be here, and in violation of 8 USC 1312, which requires you to tell the government where you are, why you're there, and to notify the government of your movement. So you're violating the law.

You are a felon on a daily basis, 8 USC 1312. And then even though you are a felon, you can have a baby and that baby then becomes what President Trump aptly put it. We should get that piece of tape, by the way, because he said it so beautifully back in 2015 and he was attacked. Remember what he said? Remember what President Trump said?

He hasn't used this term in a long time. Anchor baby. That's exactly what it is. We got to get rid of anchor babies.

And I do have to put one more final point. I think it's very important. This is how much the conservative movement has changed over 10 years. For the better, 10 years ago, it was incomprehensible to say that we should get rid of birthright citizenship. People like would scour in the D.C. Republican elite. Oh, don't say that.

They'll call you a racist. I remember 10 years ago when Trump brought it up, I was only three years into this. I was 21 years old. I did not even have thick enough skin for this. The Overton window has returned back to common sense and decency. And President Trump deserves enormous and repeated and public thanks for that, because 10 years ago it was like Ann Coulter.

That's it. She was like the only one that was talking about getting rid of birthright citizenship. Now it's at the U.S. Supreme Court, potentially, possibly, hopefully, prayerfully. Being repealed. Hey, everybody, Charlie Kirk here, brand new year, brand new opportunities to change the world for the better.

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You should be to CharlieKirk.com preborn banner. Joining us now is a great American, and I did everything I could to make him the permanent DC U.S. attorney, but Tom Tillis from North Carolina had other plans. I'm not going to get too far deep into that, but Tom Tillis had his own agenda. However, what the enemy meant for good God, well enemy meant for evil God we'll use for good.

Genesis 5020. We have Ed Martin here who is now still fighting for freedom. Ed, you're a great American. I had your back.

It didn't work out, but tell us about your new gig. Well, I have to say, Charlie, thank you and I know what you mean as you were very supportive of me and the president. I was his pick, but so many of your listeners stepped up and made calls and put in a good word.

So thank you for the Charlie Kirk army. Look, Donald Trump does this all the time. It's like his whole life.

It's the art of the comeback, whatever you call it. We got stuck where if we were going to get through to get confirmed, if I was going to get through as his pick, it would take so much effort and so much going on. I had the votes on the floor.

We just had this problem on the committee. So the president said, you know what? I got Judge Jeanine Pero. I'm going to put in that spot. She'll be awesome.

I've been working with her already. But he also said to me, go back over to the Department of Justice. There already is a weaponization working group that's already been at a bunch of the tasks, Jack Smith and his weaponization of government. Why did we target the Catholics?

Why did we target school board families? We've already been working on getting to the bottom of this. And the president kind of said, go be the captain of that ship and fight that fight.

And I'm excited to do that. He also made me, Charlie, the pardon attorney for the United States. And you know, because you know him pretty well, he really has loved being able to not pardon the flashy ones that people know, but people that need a chance. Alice Johnson is the pardons are in the White House.

She has this extraordinary life. President Trump has a heart for that kind of kindness. So he made me the head of that. And I tell people, we're going to go find the weaponization. We're going to expose it. We're going to hold people accountable. But we're also going to heal people.

And one of the ways you heal people is get them out of jail, which is a pardon. And maybe there's other ways you can do that. So it's a great thrill. And, you know, you probably have experienced this, Charlie.

I never did. President Trump texted me and he said, keep fighting and keep fighting. And I thought, man, if that guy they shot him, if he's saying keep fighting, that's the least I can do. So I'm excited to to be in the fray where we are.

I love that. And so you're in the Department of Justice. Is that correct?

And it's a non-senate confirmed position. So are you just you're just all all all Swede, no breaks, right? No more. I don't have to I don't have to pull punches at all. Right. So my positions are all non-confirmed. I'm not worried about the senators if they have problems with me.

It's as you say, all speed, no breaks. And and look, the great thing is it's nationwide. I mean, I loved the U.S. attorney's office because it's extraordinary and it's important, but it's an office focused on this work.

Now we got this whole nation. And again, one of the things the president does so well is he is about getting the right things done. But he's also about telling us, you know, we need the truth as well as the accountability. What what Biden did was he weaponized government against individuals and a lie. We need to tell the truth and hold accountable because people, well, they don't trust us if we don't explain what's going on. And that's one of the reasons why, you know, I got a question about Joe Biden's pardons. They said, you're going to look at it. I said, of course, we're gonna look at it. It's an unprecedented act, unprecedented scope, unprecedented in every way.

This has never happened. What he did when you see that, you have to say, what's going on here? And people said, what are you talking about? And I said, I'm talking about the truth.

That's the truth. Don't lie about it. Don't think we're going to fake it. Don't fake it till you make it. Tell the truth and see, by the way, it may be true that pardons are plenary in such a way that even Joe Biden's unprecedented, you know, really unseemly, ugly pardons might be legal.

There might be nothing that is illegal, but let's find out and see for sure, because if it was done by his aid or the auto pen without his knowledge, that's a problem because what else has gone on? And again, got to speak the truth, got to keep smiling and got to keep going forward. So your scope is about the weaponization of government. People need to understand you were a phenomenal, courageous attorney during the January 6th targeting. You came on our show actually about it, if I remember correctly.

We had you as a guest on our program. What are the big macro places of weaponization of government that you are looking at? For example, off the top of my head, pro lifers being targeted, conservatives being targeted, people like James O'Keefe being targeted, obviously President Donald Trump, parents being targeted at school board meetings by Merrick Garland.

What are the big buckets that you are looking at? And since you are looking at the weaponization of government, isn't that in some ways a little bit you're investigating yourself? Exactly, exactly. When I became the U.S. attorney, Charlie, of this office in D.C., Washington, D.C., the prosecutors who destroyed lives of January 6th folks were in the office, right? So we've been investigating sort of the office. And in fact, the horrendous use of the 1512 charge, which was completely made up by Andrew Weissman, Lisa Monaco and others, why was that used? You know, it was the worst failure of American law and law enforcement in our history, probably at least since FDR put the Japanese Americans in internment camps during World War Two is about the same level. And so who did that?

Well, Lisa Monaco did it and Merrick Garland did it. And when we did the investigation and we're still in the middle of it, you can see right away it wasn't being done by line attorneys. I'm not I'm not giving them an excuse. I'm not giving I'm taking away blame. I'm just saying it was being done by the top people as a strategy to get Trump. But let me make sure to go back to your question.

This is very important for your listeners and your viewers to know. Our scope is weaponization. When government became, you know, government used to be politicized. And that's one thing.

And, you know, I might not like it maybe back in the days. But when it was weaponized and in the Biden years, they weaponized it. That's to destroy people, to to to target people and to destroy them, take away their rights, sometimes take away their life, I fear.

And so but Donald Trump said on day one, I want you to get weaponization under control so people can trust the government. On a Pam Bondi's day one as attorney general, she gave us a memo and she said, start here. And she gave us a list. She said, you know, I want to know about when the school board parents were targeted. I want you to get to the bottom of that. Right.

That happened. I want you to get to the bottom of the Catholics being targeted by the I want you to get to the bottom and the pro-lifers. I want you to get to the bottom of whistleblowers that were being targeted and abused by the Biden administration. Jack Smith and how Jack Smith was working with Leticia James and Alvin Bragg. What was the federal component? But it's publicly known that there were federal prosecutors working with them.

What is that to find out how government was weaponized? So we started with a list and we're taking that list up. It will expand.

I have personally come to this with a real sense that the attack on lawyers and on the legal system by the bar associations is one that is being used weaponized against the citizens to the detriment of our justice system. So we will expand from that. But we start with Pam Bondi's list that the president said to her, you know, gave us through that she gave us through him.

And we'll go there. One quick thing, though, Charlie, as the pardon attorney, I will advocate for people that were wronged. And there's people already that have come to us and said, hey, I was targeted by the government. They did this to me. And, you know, what can you do?

And I want to be an advocate. And the president wants this for the people that had their their their their rights taken away, maybe take it liberty taken away. We have a whole bunch of people, Charlie, that lost their right, for example, to have the Second Amendment based on nonviolent, non-gun related crimes. They lost their Second Amendment rights.

The pardon attorney can give them back their rights. It's a project that Donald Trump has sponsored. And so we got a lot of work to do, again, to tell the truth, hold people accountable and heal those that have been damaged by the weaponization. So let's go even deeper into this.

So the. One of the ways that the Justice Department was engineered was going after police departments after Michael Brown and George Floyd, President Donald Trump has stood with police back the blue. He has police is back. That would be an interesting thing to look at, at how the machinery of the Department of Justice and their civil rights division would target police departments to force them to have more pro-crime consent decrees. Do you kind of have a green light to look into all the different buckets of the DOJ of some of the grandfathered in insanity of prior administrations? Yes, and even better, even better. One thing is that issue came up in the last couple of days since my appointment. And and Army Dylan on the Civil Rights Division reached out to me actually about this and other topics, because her division, Civil Rights Division has a lot of investigatory power and has a lot of ways to hold accountable.

So, yes, it's on the table. I think one thing, Charlie, that I feel really blessed to get this chance is, I think, thinking creatively to see where this happened. Some people don't even believe it. You just put your finger on it. There's ways that the federal government was weaponized against our citizens that you don't even really notice.

You kind of have to peel back the layers and get to it. So definitely that. And I think that will be a big one. You know, there's a lot of coverage. When I came into this office, the Metropolitan Police Department, the cops, the rank and file cops were on their heels because the prosecutors, my predecessor, wouldn't pursue assault on police officer charges if they were too complicated.

The courts with liberal judges would attack the cops and say that if you didn't remember everything exactly, then you were not credible and couldn't be a cop. I mean, we had to push back and we have to push back because, again, that's weaponization against our system and our citizens. So all that's on the table. One of the hardest jobs of a prosecutor, as well as a weaponization working group leader, is to decide what to take in what order. And that's where the president and Attorney General Bondi have given us some guidance to start. But we'll be pursuing as much of it as we can. And, you know, we know, I know we have limited time. You know, we know we're fighting against the courts that want to stop us and the press that wants to stop us and the clock is running. And so we've got to move fast. We've got to move quickly. We got to move fast and with dispatch, with focus and what we're going to do then. OK, and so I'm going to keep you for another segment here, Ed, if that's OK, because I got more questions. But really quick, can you just tell the audience and remind them that a majority of the Department of Justice's Senate confirmed position are still not even yet filled by the U.S. Senate, that the the the tree of positions are not yet filled? Yeah.

And just to say it, emphasize what you just said. Donald Trump put me in on day one as U.S. Attorney because he didn't want to wait to have to deal with this nonsense, these delays. And that's why I was on 120 day term, because in order to put you on day one, the law says he has to only have a term.

And then we had to deal with this. Too many of these things are vacant. And what happens is you get people in the office who are acting and they may be in directionally with you on the issue, but they're not fearless because it's not their job and or they want to get confirmed. And so they can't be fearless. And so the system really of this advice and consent, which I took part in, I respect the Senate. The Constitution has been there. This is not working well. Privacy to loan debt.

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Y refi dot com. Ed Martin continues us. Ed, you had a short stint as D.C. U.S. attorney. What did you accomplish while you were a D.C. U.S. attorney there?

And what are some of the biggest things you learned? Well, first of all, Charlie, you know, you've traveled the whole country and the world. And one of the things I've heard you talk about is everywhere you go, one thing is the same. People are great, right? People are really great.

In D.C., a little bit over 700,000 citizens. I did ride along every corner of this district. I met cops.

I met business owners, citizens, seniors. It's just great, great place. And they deserve better than what they've had. And we've delivered that. And the president focused us on that by saying he wanted the city safe. So we initiated something called Make D.C. Safe Again, where we focused on violent crime, especially on bad guys who use guns.

If you take the bad guys who are using guns off the streets and hold them, try them, put them away, you're going to change the trajectory of the whole community. And it made a huge difference. And the psychology of doing that was as important.

It's again, it's a Trump lesson. If you lead in the direction of the right things and the right kinds of policies, the whole mindset changes. So people started to believe in what we were doing.

They believed in the cops differently. We had partners. We have partnerships with with all sorts of law enforcement, all building towards, Charlie, the America 250 celebration that President Trump talks so often about, which is our 250th anniversary.

And so what I learned is you can you can fight crime step by step and you can do it together. You pay attention and you go and work together and you focus on the right things and not, again, politicize the office. I will say, just to give you insight, which you and I've talked about offline, this is a big office. The U.S. Attorney's Office is one of the largest in the world. It's the largest in the country. It's very smart lawyers, very sophisticated. It's kind of Major League Baseball. And I tell you, Major League Baseball, in terms of some of the opposition to progress and the Trump vision, you are playing with very high level people who know how to to play the game and misdirect and all the rest.

So it's good we've got Judge Jeanine Pero in here because she's tough and smart and experienced. But it's a challenge. And I will say, I will acknowledge that the kind of insider called deep state, if you want.

But insider players, they're they're not without talent and experience and know how. It's a it's a battle. It's a fight.

And you've got to be willing to engage in that and keep going. I got smeared in the paper. Every Charlie, every email that I sent to the whole office, nearly 900 people are on our staff budget. We got about 800 total. Every email I sent to the whole office was leaked immediately to the press on the last one, which I said a couple of days ago.

I think Reuters had it 11 minutes after I said it. So that's the kind of that's the kind of treachery you've got within your ranks. But you have to know how to use it.

I use my email to the whole staff as kind of a press release because I know it's going right out to the press. And so you've got to adjust your game plan and your tactics. But it is an impressive battle to have.

And that's all across government, whether the Doge guys found it and OMB found it. Everybody knows that's what you're experiencing. Just kind of give the audience some steady resolve. Some of the audience is clamoring.

And by the way, I think Pam Bondi is doing phenomenal. Everyone is. But they're like, hey, you know, where's all this? We're all this.

Talk about the process and how good things are coming. You understand what I'm saying? Right. I get all the time, Charlotte, because you are among the grassroots ourselves. We like to think we're something more, but we're just all grassroots guys.

And here's the thing. You cannot do what they've done for years, cannot do it overnight. I know people wish you could roll somebody out with cuffs, but we're not them.

They roll people out with cuffs on a lie. We can't be liars. If you make yourself into liars, you're turning into something worse. I just I'm not saying trust me.

I'm saying beat the heck out of me to get more. But look for two things. One is the truth being exposed all the time.

We've got to get more sunlight on it. And to look for how we can hold them accountable. I said another day in an interview, some of it's just shame. You should be ashamed. Guys like Schiff should be ashamed. Brennan should be ashamed. Shame matters, too. But also how we hold them accountable with prosecutions.

Look for them both and demand it. Push. Don't give up on us. But trust me, we're fighting for this future and we're led by Trump.

And it's awesome. And it's, hey, look, Charlie, it's now or never. You can wish it was like, ah, we're going to take it back. It's now or never.

This is the moment. Let's go. We have your back. We have Pam's back.

We have Cassius back and Dan Bongino's back. Thanks so much for listening, everybody. Email us as always. Freedom at Charlie Kirk. Dot com. Thanks so much for listening. God bless.